kathyanne Report post Posted March 25, 2013 hi..i have just copied this post into this part of the forum just in case someone else reads it..thanks.. Hi..I need some help.. My son who is 23 has lost all his benefits...as I write this I have just sent an appeal form in for him... he hasn't been paid any benefits for 2 weeks , they have stopped his ESA and housing benefit...he has no money for food or rent, we have had to pay this but don't think I can for much longer...... I have rung the help line and they have said there's nothing I can do, they need his appeal pack before they give him anything back... My son has diagnosed High traits asbergers syndrome. I have a report 10 pages long from his clinical psychologist confirming this.... last year the benefits agency took his ESA away... just like this, we appealed, sent a report from his consultant and the decision was overturned..... that was in August 2012... they asked for him to return again for another appointment only 8 months later and did the same again...he saw a DWP doctor who stated in her report, that he could speak clearly, operate a dishwasher and had good eye contact so he was fit for work.....they have stopped it again...... I have been back to his clinical psychologist who was appalled and has written me an in-depth letter.... my question is..is this illegal to put my son through the appeals process so quickly after winning one only in August 2012?? who do I complain to? I have written to the local MP and London but have heard nothing.......what can I do? He is currently in a bad way and very stressed..his flat is is haven and I don't know what will happen if he losses it..... he has thretned to kill himself only last week..im distraught....please help...Kat. Quote Share this post Link to post Share on other sites
Sally44 Report post Posted March 26, 2013 Two organisations that may be able to help with advice and support is Citizens Advice. They may also be able to put you in touch with a community law centre. Also the charity MIND may have advice and maybe able to help with the appeals process, and have information on how legal it is to have to go through this process again. Does your son get DLA? The assessment process via ATOS is very inadequate. But my understanding is that once you lodge an appeal you receive the ESA until that appeal and the final decision. But what your son also needs is some support network to help him with these processes, because if he fails to do something ie. fill in a form, or attend an interview etc, or fails to submit relevant information he is going to go through this time and again. If he is unfit for work, does he have a social worker? That is something you should also look into, because he needs an advocate with him, and also supporting him. The reason I also ask about DLA is that often the level of DLA a person receives is seen as the level of need they have. So if he isn't claiming DLA, or has DLA, but on a lower rate, then that in itself may give them the indication that he is fit for work. Does the Clinical Psychologist clearly state that he is not fit for work? Also how has he lost Housing Benefit? Is housing benefit tied to receiving ESA? I think you are right to involve your MP. Do they have open surgeries where their constituents can make an appointment to go and see them. Are you able to go with your son to see your MP? Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted March 27, 2013 Esa may compare what was written for a DLA claim with the ESA claim. However, my son gets LR care and mobility and has been in the WRA Group of ESA and has recently been put in the Support Group. I wrote about 12 A4 typed pages in addition to the form and repeated things over and over again. I think a lot depends on who does the medical/looks at the form. Quote Share this post Link to post Share on other sites
stuffed Report post Posted March 27, 2013 (edited) They stopped my rent and income over a month ago I've tried everything, if you succeed where I have failed and my thread is detailed on efforts and contacting my MP complete with Doctors and Consultants letters- please do tell me how you sorted it, otherwise my efforts are detailed in link below http://www.asd-forum.org.uk/forum/index.php?/topic/29623-about-to-be-made-homeless/page__view__findpost__p__342238 Edited March 27, 2013 by stuffed Quote Share this post Link to post Share on other sites
rehcnurctuG Report post Posted March 28, 2013 (edited) From October this year, there won't be ESA benefits paid during the appeal phase. As in if you appeal, during the wait, you won't get any benefits income. Edited March 28, 2013 by rehcnurctuG Quote Share this post Link to post Share on other sites
Sally44 Report post Posted March 28, 2013 "Shelter" is another organisation that maybe able to give help/advice. Quote Share this post Link to post Share on other sites
kathyanne Report post Posted April 1, 2013 Thanks guys....yes, i have a letter from his consultant saying he cannot work at all as he has the higher traits asbergers.....i have contacted the MP, i am in touch with MIND also, they are trying but as yet, James hasnt had ANYTHING for 4 weeks..im so worried, he cant even pay his rent now i will seek legal action if this continues Quote Share this post Link to post Share on other sites
Sally44 Report post Posted April 1, 2013 Have you also tried adult social services? He is a vulnerable adult, and if he is at risk of becoming homeless it is an emergency and they need to get involved. And stay involved. Quote Share this post Link to post Share on other sites
Lyndalou Report post Posted April 1, 2013 I would echo what Sally has said but obviously if your son is very highly anxious he would need to be supported in speaking to a Social Worker. I would definitely think he is an emergency case. Have you considered contacting an independent advocacy service to see if he could get someone to help him speak to anyone he has to come in contact with during this time? I used to work as an advocacy worker and in Scotland (I don't know about the rest of the UK) a person is entitled to have access to an advocacy worker if they have mental health issues or are learning disabled who are independent of the organisations or services the person needs help in speaking to. Although the main focus of our work was in helping people speak to health professionals or social services, inevitably there was a huge crossover into housing and benefits etc. We could not help sort out benefits ourselves - this is not the role of an advocacy worker - but we could push for answers and information and help the client complain. People are considered on an individual basis and can be worked with both short or long term, depending on how long it takes to gain an outcome. Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted April 1, 2013 You could try to get him a tenancy support worker, via either social services or the housing association. They can help with: Housing Setting up and maintaining a home Filling in benefit forms Replying to letters about your tenancy Reporting repairs Dealing with anti-social behaviour and harassment Liaison We can contact other organisations, agencies and companies on your behalf We will also liaise with other departments within Mosscare where you are having problems or need help Independent living & life skills Helping you to access education, health services, community groups and leisure activities Providing information on cultural events Financial Help with managing money and debt Helping you to open a bank account Help with sorting out arrears payments and benefit claims Quote Share this post Link to post Share on other sites
kathyanne Report post Posted April 2, 2013 omg..social services have declined help twice last year...however I will have to contact them again if i have too..thanks guys...im getting nowhere fast here!!ive done everything the DWP has asked..filled in and got every medical cert and letter they have requested..nothing...they still have paid him nothing! I have e-mailed His worker from MIND to see if she can help again.... Quote Share this post Link to post Share on other sites
Kazzen161 Report post Posted April 2, 2013 You coudl try telling SS that if they don't give some help now, they will have to find a residential placement for your son, as he will then be homeless. Quote Share this post Link to post Share on other sites
rehcnurctuG Report post Posted April 5, 2013 Remember that from October, if you get rejected from ESA as 'fit to work' and appeal the decision, you won't get the assessment rate of ESA when waiting for the DWP to reassess your case and arrange a tribunal. http://www.guardian.co.uk/society/2013/apr/02/disability-benefits-welfare-legal-aid Quote Share this post Link to post Share on other sites
Titan Report post Posted April 8, 2013 hi..i have just copied this post into this part of the forum just in case someone else reads it..thanks..Hi..I need some help..My son who is 23 has lost all his benefits...as I write this I have just sent an appeal form in for him... he hasn't been paid any benefits for 2 weeks , they have stopped his ESA and housing benefit...he has no money for food or rent, we have had to pay this but don't think I can for much longer......I have rung the help line and they have said there's nothing I can do, they need his appeal pack before they give him anything back...My son has diagnosed High traits asbergers syndrome. I have a report 10 pages long from his clinical psychologist confirming this....last year the benefits agency took his ESA away... just like this, we appealed, sent a report from his consultant and the decision was overturned..... that was in August 2012...they asked for him to return again for another appointment only 8 months later and did the same again...he saw a DWP doctor who stated in her report, that he could speak clearly, operate a dishwasher and had good eye contact so he was fit for work.....they have stopped it again......I have been back to his clinical psychologist who was appalled and has written me an in-depth letter....my question is..is this illegal to put my son through the appeals process so quickly after winning one only in August 2012?? who do I complain to? I have written to the local MP and London but have heard nothing.......what can I do?He is currently in a bad way and very stressed..his flat is is haven and I don't know what will happen if he losses it..... he has thretned to kill himself only last week..im distraught....please help...Kat. I'm so sorry to hear of this appalling treatment but its becoming all too common these days thanks to this horrific government. I'm afraid I have little idea of how to help as so far at least I'm one of the lucky ones who has managed to hold down a job. If I find anything out that may help will post it here. I guess you could ask for a mental health assessment if he has threatened to kill himself and present this or if they claim he is fit for work they could be doubting your doctors or consultants professional diagnosis because if he put his symptoms and ability a of the diagnosis on an application form that would show how much help he needs. Not much help I know but will keep looking and if anything else comes to mind will post. It. Quote Share this post Link to post Share on other sites